산업용지분할거부처분취소
1. An industrial site that was rendered by the Defendant against the Plaintiff on March 27, 2018, for refusal to divide the industrial site on March 27, 2018, and an industrial site that was made on August 28, 2018.
1. Details of the disposition;
A. The Plaintiff is the owner of D’s land for factory located within C’s complex 39,342.3 square meters (hereinafter “instant land”).
B. In order to divide the instant land pursuant to Article 39-2(2) of the Industrial Cluster Development and Factory Establishment Act (hereinafter “Industrial Cluster Act”), the Plaintiff requested consultation with the Korea Industrial Complex Corporation, a managing agency of the complex, and on December 1, 2017, the Korea Industrial Complex Corporation responded to the Plaintiff on the following matters, accompanied by a written opinion of the Defendant (Evidence 4-6 to 9) stating the Defendant’s opinion to prepare E City.
(A) No. 4-5) Division of the industrial site of your company is known to be in compliance with the division standards under Article 39-2(2) of the Industrial Cluster Development and Factory Establishment Act and Article 39-2(2) of the C Complex Management Plan. However, the division standards, etc. by individual laws shall be referred to as the following matters and the period of commencement after consultation with the relevant local government.
Since it is judged that the criteria for the determination of ground boundaries under Article 55 of the Enforcement Decree of the Act on the Establishment, Management, etc. of Non-Spatial Data for Use within the previous Sector Collaborations meet the criteria for the determination of ground boundaries under the provisions of Article 55 of the Enforcement Decree of the Act on the Establishment, Management, etc. of Spatial Data, it is judged that the civil petition register of B office and the documents (such as layout drawings) are insufficient to be reviewed under the Building Act
C. On January 16, 2018, the Plaintiff filed an application with the Defendant for permission to divide the instant land into three lots (10,066 square meters, 14,764 square meters, 14,512 square meters) (i) the Plaintiff filed an application for permission to divide the site into three lots (10,06 square meters, 14,764 square meters, 14,512 square meters).
(2) On March 27, 2018, the Defendant rejected the said application against the Plaintiff on the following grounds:
(A) Evidence Nos. 1 and 15-1, hereinafter referred to as "No. 1").
Our city is divided into lots for the following reasons, according to the necessity of public interest to restrict the division of lots of large industrial sites: